In Re: Application and Petition of Hanwei Guo for an Order to take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782 - United States Court of Appeals for the Second Circuit Case 19-781 - 8 July 2020
Country
Year
2020
Summary
DEBRA ANN LIVINGSTON, Circuit Judge:
28 U.S.C. § 1782(a) authorizes federal courts to compel the production of materials "for use in a proceeding in a foreign or international tribunal" upon "the application of any interested person." In National Broadcasting Co. v. Bear Stearns & Co., 165 F.3d 184 (2d Cir. 1999) ("NBC"), this Court held that the phrase "foreign or international tribunal" does not encompass "arbitral bod[ies] established by private parties," id. at 191. Petitioner-Appellant Hanwei Guo ("Guo") asks us to revisit this holding in light of a subsequent decision of the Supreme Court. See Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004) ("Intel"). Because nothing in the Supreme Court's Intel decision alters our prior conclusion in NBC that § 1782(a) does not extend to private international commercial arbitrations, and because the arbitration at issue here is a non-covered, private, international commercial arbitration, we AFFIRM the district court's denial of the petition.